KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) investigating officer never investigated 1Malaysia Development Bhd's (1MDB) top brass over the global-scale financial scandal, the High Court heard.

This was despite the Public Accounts Committee's (PAC) 2016 report recommending an investigation into former 1MDB chief executive Datuk Shahrol Azral Ibrahim Halmi over the company's financial discrepancies.

MACC senior officer Nur Aida Ariffin today confirmed that she never initiated a probe against Shahrol when testifying under cross-examination by Datuk Seri Najib Razak's counsel Wan Azwan Aiman.

On April 7, 2016, the PAC, in its report, said Shahrol should be held responsible for the weaknesses and constraints faced by the sovereign wealth fund.

Nur Aida is a star witness in Najib's corruption trial for misappropriating RM2.3 billion belonging to 1MBD.

On Nov 14, last year, former 1MDB adviser Tan Sri Irwan Serigar Abdullah, when testifying in the same trial, also said the PAC recommended the authorities to charge both Shahrol and former chairman Tan Sri Che Lodin Wok Kamaruddin.

In a separate matter, presiding judge Datuk Collin Lawrence Sequerah reminded both parties that the court will decide if the prosecution managed to prove its case against the accused.

The issue arose when Wan Azwan questioned Nur Aida regarding every aspect of the first power abuse charge faced by the former prime minister.

The lawyer said the defence was trying to ensure whether MACC officers did indeed conduct an investigation into the four elements of the charge.

The first power abuse charge involves Najib, who allegedly received bribes of more than RM60 million between April 2009 and May 2011.

Deputy public prosecutor Ahmad Akram Gharib objected to the line of questioning by stating that certain charges were consistent with Section 23(2) of the MACC Act, where there was presumption that the accused had committed the crime.

The senior DPP said the defence needed to include the legal questions in their submissions because the witness would not be able to answer on the type of bribe Najib obtained from each of the actions involved.

Najib's lead counsel Tan Sri Muhammad Shafee Abdullah, however, argued that the charges against his client were incorrect and overlapped.

The senior lawyer said the defence would challenge the charges in their submissions at the end of the prosecution case.

"I do not want us (defence) to be accused of not raising this issue.

"The issue involving all the charges will be a significant part of our argument," he said.

Sequerah later instructed all parties to argue the matter in their submissions and emphasised that it was up to the court to determine whether the prosecution had proved the elements of the charges, and not the investigating officer.

Najib is standing trial on 25 charges of abuse of power and laundering alleged 1MDB funds amounting to RM2.28 billion, which was deposited into his AmBank accounts between February 2011 and December 2014.

The trial continues.

https://www.nst.com.my/news/crime-courts/2024/04/1041692/no-probe-1mdb-top-brass-court-told